Chapter 3 Flashcards by Sofia Di Genova

What are the Union’s institutions and which article defines them?

Art.13 TEU:
1) The European Parliament
2) The European Council
3) The Council of Ministers
4) The Commission
5) The European Court of Justice
6) The European Central Bank
7) The Court of Auditors

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Which article regulates the distribution of powers among the different institutions?

Art.13(2):
Each institution shall act within the limits of the powers conferred on it in the Treaties and in conformity with the procedures, conditions and objective set out in them. They shall practices mutual sincere cooperation

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Which are the three constitutional commands?

1) Each institution must act within its powers and it is not possible to extend or transfer its powers unless allowed for delegation

2) Each institution must exercise its powers with due regard for the powers of the other institutions

3) Each institution is embedded within the governmental procedures of the EU. The Comm formally proposes the legislative bill, the EP together with the CM must co-decide on its adoption. The ECJ has a final word on the validity of the legislative act adopted

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Which article regulates the European Parliament and what about it?

Art.14. It is the first Union’s institution, it was an auxiliary organ and it gradually increased its role in the 1970s

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When was the EP first created and what changed in 1976?

Formed in the 1951 Paris Treaty and in the 1957 Rome Treaties where they envisaged it to be composed of representatives of the peoples of the states, similar to an international assembly. The 1976 Election Act achieved that.

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What about the composition of the EP?

Art.14(2) TEU:
- Not exceed 750 + President
- Min 6 and max 96 per MS
Now (after Brexit) 705 members

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What does ‘degressively proportional’ mean?

It is a compromise between the democratic and the federal principle. It takes into account the political existence of the MS (a Luxembourg citizens has 10 times more voting power than a German citizen).

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What is the term of MEP and how are they elected?

It is 5 years and they are elected by direct universal suffrage in a free and secret ballot

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What does the Statute for MEP (2005) say?

It lays down regulations and general conditions of MEPs:
- They shall be free and independent
- They shall vote on a individual and personal basis (not bound by any instruction)
- They are entitled to propose union acts
- They may form political groups (privileged status)
- They shall receive an appropriate salary to safeguard their independence

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What is the composition of the political groups?

A min of 25 members which must be elected in at least 1/4 of the MS

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Which are the EP organs?

1) Bureau
2) Conference of Presidents
3) Committees (standing and special)

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What does the President of the EP do and how many vice-presidents?

The president is the speaker of the Plenary and she shall direct the activities, open, suspend or close sitting, rule on the admissibility of amendments, maintain order and close debates, announce the results of votes. 14 Vice Presidents

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Composition of the Bureau

President + Vice presidents
They are charged with raking decision on administrative matters

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Composition of the Conference of Presidents

President + Chairs of Political Groups
They shall take decision on the organisation of EP’s work, draft the agenda and make proposals

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Composition of EP’s Committees and who is the rapporteur?

Standing committees: permanent ones that focus on one area of parliamentary affairs, between 25-85 members, headed by a Committee Chair and coordinated by Committee Coordinators, they examine questions refereed to them by the EP.
Special committees: specialised in some areas

They operate as miniature parliaments and the rapporteur has the responsibility to report back what they discuss, they only prepare decisions, the task of deciding belongs to the plenary

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What is the Plenary?

It is the formal decision-making organ of the EP which meets at least once a year to hold its annual session and there are 12 part-sessions for a week every month (Strasbourg)

What does Art.231 TFEU say?

That the EP shall act by a majority of votes and the quorum is determined at 1/3 of the component MEPs present in the chamber

What are the two types of voting procedures?

1) Voting by roll call: the parliamentarians will be transparent about their vote and it allows the citizens to monitor their representatives
2) Electronic voting: numerical results and the citizens do not know what their representative votes, it allows to protect the independence of the MEP

What are the EP’s powers? Explain them

1) Legislative powers: informally propose new legislation (but comm’s prerogative) and the legislative involvement in the procedure with the Council (both ordinary and special, also consent and consultation)

2) Budgetary powers: it focuses on the expenditure side

3) Supervisory powers: it has the power to debate, question and investigate

4) Elective powers:
- It first elects the President of the Commission
It gives its consent to the Commission as a collective body.
It may vote on a motion of censure and the Commission could resign as a body
It could give the lack of confidence in an individual and the Comm must require resignation of that member or explain the refusal to do so before the EP.
- It is also involved in the appointment of the Court of Auditors, ECB, European Ombudsman and European Agencies

Who is the European Ombudsman?

It is the right of EU’s citizens to petition the EP. Art.228 TFEU: the Ombudsman shall be empowered to receive complaints from any citizen of the Union, concerning instances of maladministration in the activities of the Union institutions, bodies and agencies.

What is the composition of the European Council? What article regulates the EC?

It is composed of the Heads of State or Heads of Government of the MS. Art.15

What about the President of the EC and the President of the Comm?

The EC has its own President, who is an additional member and cannot simultaneously serve as Head of State / Gov. The President of the Comm is another formal member. They are honorary members.

When does the EC meet? Is the decision-making process secret?

Twice every 6 months but it can have additional meetings when the situation requires. The meetings follow the seasons (in Brussels).
Yes it is secret.

What is the type of voting of the EC?

The general rule is unanimity of all MS, however the situation may require a qualified majority

What about the President of the EC? What is the term? What are his or her tasks?

He or she has a term of 2 and a half years, with the possibility of renewal (5y max) for more stability and permanence. - Chair and drive forward EC work - Ensure preparation of the work, cooperation with the President of the Comm - Facilitate cohesion and consensus - Present a report to the EP after each meeting The President of the EC represents the Union's CFSP with the High Representative for Foreign Affairs and Security Policy

What are the three functions of the EC?

1) Constitutional function: EC agrees on the eligibility conditions for states to become MS 2) Institutional function: - influences the composition of the EP - adopts CM configurations - determines the CM's Presidency - appoints the High Representative - appoints the President of the ECB - appoints the Comm and proposes the candidate for the presidency 3) Arbitration power: can act as an appeal court in specific situations, it can suspend the legislative procedure and arbitrate between the Council and the a MS claiming that the draft would affect fundamental aspects of its criminal justice system

How did the 1957 Rome Treaty charge the Council?

By giving it the task of ensuring that the objectives of the Treaties are attained

Which article regulated the CM?

Art.16(2) TEU: The Council shall consist of each MS at ministerial level, who may commit the government of the MS in question and cast its vote. They thus represent the interest of his / her MS.

What are the CM's configurations?

10 configurations which are chaired by the ministers of the MS holding the presidency, except for the Foreign Affairs which is chaired by the High Representative

How does the CM's Presidency work?

The CM has no permanent President, but it has a rotating presidency (Troika) held by a group of 3 MS for a period of 18 months. They have to prepare the agenda for 18 months with long-term goals

What is the task of the CM's Presidency?

The task is to represent the Council and prepare and chair the council meetings and draft the programme for the next months

Who is the High Representative?

The Treaty of Amsterdam created this figure in order to assist the Council Presidency within the Common Foreign and Security Policy, but he or she is subordinate to the Council (Art.27 TEU). He or she shall ensure the implementation of the decisions adopted by the EC and the Council, and make proposals for the development of that policy. He or she shall represent the Union in CFSP matters.

Decision-making and voting of the CM

1) Unanimous voting: requires the consent of all national ministers and it is required in the EU Treaties for sensitive political questions (citizenship, EU membership or taxation) 2) Majority voting: qualified majority except where the Treaties provide otherwise.

What is the revolutionary change in the voting system of the CM?

November 2014, a qualified majority shall be defined by at least the 55% of the MS (15 MS) and the 65% of the population of the Union. 3/4 biggest states could block a Council decision (blocking minority), so it was decided that at least 4 MS have the power to block a decision.

Who is the Coreper in the CM?

COmmitte / REpresentatives / PERmanent They are committees to assist the council. The first: created by Deputies (from the 5-10 configuration) The second: created by Ambassadors (from the 1-4 configurations) They divide the agenda into items A (the ones which they found an agreement for and the council does not need to discuss it) and items B ( the ones without an agreement which will be discussed by the CM). They don't take decision but only facilitate and prepare the Council's decision-making

What are the functions of the CM?

The Council is a co-legislator so it has LEGISLATIVE functions. It has also BUDGETARY functions together with the EP. It is the dominant institution in the CONCLUSION OF INTERNATIONAL AGREEMENTS. It shall cary out also POLICY-MAKING and COORDINATING functions.